Judges : T.K.JOSEPH
Adham Khani And Others - Appellant
Versus
State - Respondent
Case No : Crl. A. No. 21, 22, 46 of 1959
Decided On : 07/20/1959
Advocates Appeared :
K. S. Rajamony; For Appellants Public Prosecutor; For State
Counterfeiting - Indian Penal Code - S.232, S.235, S.243 - Summary of Acts and Sections: The court discussed the provisions of S.98 and S.165 of the Code of Criminal Procedure, which govern the search and seizure of articles. It also considered the evidence presented by the prosecution and the reliability of witnesses in establishing the guilt of the accused.
Fact of the Case:
The accused were convicted under S.232, S.235, and S.243 of the Indian Penal Code for counterfeiting coins. The prosecution's case was based on the discovery of the accused engaged in counterfeiting coins at their residence, supported by witness testimony and evidence of seized articles.
Finding of the Court:
The court found that the evidence presented by the prosecution, including witness testimony and circumstantial evidence, was not sufficient to prove the guilt of the accused. It also noted discrepancies and lack of reliability in the witness testimony and the implausibility of the prosecution's case.
Issues: The issues raised included the legality of the investigation, reliability of witnesses, and the plausibility of the prosecution's case. The defense argued that the case was foisted on the accused due to enmity with the witnesses and previous acquittal in a similar case.
Ratio Decidendi: The court held that the evidence presented by the prosecution, particularly the witness testimony, was not reliable and lacked corroboration. It also considered the implausibility of the prosecution's case and the lack of evidence to establish the guilt of the accused beyond reasonable doubt.
Final Decision: The court quashed the conviction of the accused and acquitted them, citing the insufficiency of the evidence presented by the prosecution to establish their guilt.
1. These appeals have been preferred by accused 1 to 3 in Sessions Case No. 63 of 1958 on the file of the Sessions Judge, Trivandrum. Criminal Appeal No. 21 is by the first accused, No. 22 by the third accused and No. 46 by the second accused. All the three were convicted under S.232,235 and 243 of the Indian Penal Code. The first accused was sentenced to undergo simple imprisonment for three years for the offence under S.232 and simple imprisonment for one year under S.243. The second and third accused were sentenced to undergo rigorous imprisonment for five years for the offence under S.232 and two years for the offence under S.243. No sentence was awarded for the offence under S.235, and all the sentences were directed to run concurrently.
2. The case for the Prosecution may be briefly stated: Accused 2 and 3 are the sons of the first accused. Pw. 9, the Sub-Inspector of Police, Chalai, Trivandrum, and Shri Sarangadharan, the Grime Branch Sub-Inspector of Trivandrum, were in the All India Exhibition grounds at Pazhavangadi at about 11-45 P. M. on 13-2-1958. While they were there they received information that the accused were counterfeiting coins at their residence at Bheemapally, within the city of Trivandrum. They immediately proceeded to the place in a van (or jeep) accompanied by three constables attached to the Chalai Police Station. On the way they met Pw. 2 in front of the mosque at Bheemapally and he was asked to get into the van. They proceeded to the house of the first accused and stopped the van in front of the first accused's house. Pw.1 and one Peer Muhamed were seen there. Pw. 9 told them about the object of their visit and asked them to accompany them to the house of the accused. They went into the court-yard and peeped through the open window of the south-western room of the house when they saw accused 1 to 3 engaged in the process of counterfeiting coins. The first accused was polishing some coins with brown powder, the second accused examining a half-rupee coin and the third accused cutting the edges of an unfinished half-rupee coin with a pair of scissors. The door of the room was not bolted, and they entered the room. M.Os. Nos.1 to 10 were in the room at that time. These included brown powder, an aluminium dish, four earthenware moulds for making half-rupees, two moulds for making quarter rupees, a piece of white string, five finished counterfeit half-rupee coins, nine unfinished half-rupee coins, four pieces of lead, four iron bands and a pair of scissors. The accused were asked to produce other articles connected with the manufacturing process, and the third accused produced M.Os. Nos. 11 to 21 which include a lead sheet in the shape of a ribbon, pieces of lead and antimony, a bamboo blowpipe, table knife, sand paper, etc. The second accused produced an earthenware jug, a metal spoon and some charcoal. Pw. 9 prepared a mahazar, which was attested by Pws.1, 2 and Pear Muhamed, and he took possession of all the articles. The accused were arrested and taken to the police station the same night. Pw. 9 then recorded his own statement as the first information relating to this case, After further investigation the accused were charged before the City Second Class Magistrate, Trivandrum, who conducted the preliminary enquiry and committed the accused to the court of sessions to stand their trial for offences under S.232, 235 and 34 of the Indian Penal Code. At the trial, charges were framed under S.232, 235, 243 and 34 of the Indian Penal Code. The learned Sessions Judge found the accused guilty and sentenced them, as stated above.
3. These appeals have been forwarded by the accused through the jail authorities. As the accused were unrepresented, advocate Sri K.S. Rajamony was engaged by the State to represent them. The points raised by him were that the investigation was vitiated by illegalities and that the witnesses examined for the Prosecution were not reliable.
4. The main defence of the accused
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